EPA and Recent Environmental Justice Developments: NEPA, Changing State Laws, Title VI

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Environmental
- event Date
Wednesday, April 12, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide environmental counsel on the impact of the National Environmental Policy Act (NEPA), its recent amendments, applicable state law changes, and the recent role of courts. The panel will also examine environmental justice (EJ) trends, applicability of Title VI, establishment of the new EJ office, EPA's Office of General Counsel (OGC) new guidance, the updated EPA EJSCREEN mapping tool, and best practices for addressing environmental disparities with proposed projects and facilities.
Faculty

Ms. Fleming advises a wide variety of business, institutional and organizational clients on all aspects of environmental policy, government relations, compliance planning, incident response, subsequent enforcement and litigation matters and special investigations for private and municipal clients. She also advises clients on environment, social and governance (ESG) issues and the impacts climate change can have on business operations. Ms. Fleming spent more than 20 years in the public sector, serving as both an elected and appointed official at the state and local levels, as well as in various branches of the federal government. She served as Principal Legal Advisor (General Counsel) for Immigration & Customs Enforcement (ICE) in the U.S. Department of Homeland Security (DHS) and as Chief of Staff to the Environmental Protection Agency (EPA) during the Obama Administration. In addition, Ms. Fleming served as the EPA Region 4 (Southeastern Region) Regional Administrator (RA), where she was responsible for establishing and implementing environmental policy, including the principals of environmental justice for eight southeastern states and six federally recognized tribes. Ms. Fleming finalized the Region's Environmental Justice (EJ) Policy (previously stagnated for 10 years), instituted regular environmental justice information sessions with state partners and communities, and created a Regional EJ Interagency Working Group with other federal agencies to strategically and comprehensively address community concerns. Ms. Fleming also instituted the Colleges and Underserved Community Partnership Program (CUPP) which partnered college students with senior federal staff to provide much needed environmental, health and technical services to some of the poorest jurisdictions in their region.

Mr. Sweet’s practice is focused on environmental law, including litigation. He has experience working closely with clients to obtain optimal results and recognizes when settlement is preferable to litigation. Prior to joining the firm, Mr. Sweet worked as the Deputy Attorney General at the Office of the Indiana Attorney General in the Administration and Regulatory Enforcement Litigation Section. During this time, he handled joint state and federal enforcement cases against Fortune 500 companies, coordinated closely with state and federal agencies, including elected officials, and managed a high volume of cases.

Mr. Targ has more than 25 years of experience assisting clients in the public and private sectors efficiently achieve their land use, environmental and policy goals. His practice focuses on complex redevelopment projects, environmental compliance and government advocacy. His representative work includes strategic legal advice on brownfields redevelopment, Superfund compliance, and state and federal grant and policy advocacy. Mr. Targ has successfully advocated for infill funding and policy initiatives on behalf of public, private and nonprofit coalition clients. Before joining the firm, Mr. Targ served in leadership positions with the U.S. EPA's Office of Enforcement and Compliance Assistance, including Counsel and Associate Director to the Office of Environmental Justice in Washington, D.C. He also served in the Solicitor's Office of the U.S. Department of the Interior. Mr. Targ co-founded the Howard University School of Law Environmental Law and Sustainability Program, and taught environmental law and environmental justice as an adjunct professor. Presently, he is an adjunct professor at UC Hastings School of Law teaching land use law.

Ms. Perdue focuses her practice on environmental law, advising clients on matters spanning a wide variety of media, including water quality and water rights, air quality and other natural resources issues. She brings two decades of agency experience to her practice from her time spent with the Texas Commission on Environmental Quality, most recently serving as its Deputy Executive Director. During her time with the agency Ms. Perdue worked on a diverse set of issues including the National Ambient Air Quality Standards/State Implementation Plan development, NSR Air Permitting, TPDES water quality permitting and RCRA hazardous waste issues.
Description
Historically, NEPA is one of the most frequently litigated environmental statutes. NEPA requires federal agencies to assess the environmental and related social and economic effects of proposed actions before making decisions on permits, federal land management actions, infrastructure, and publicly owned facilities. NEPA also requires federal agencies to prepare detailed environmental assessments and environmental impact statements assessing environmental impacts and alternatives to significant federal actions.
Under NEPA's policies and procedures, all state, county, and local government entities as a best practice should have written and published policies for effective public participation consistent with Title VI and EPA's public participation guidance. NEPA also has critical relevancy to the private sector as it applies to federal permits, grants, rights-of-way, leases, and other necessary actions.
The current administration has continually refocused the EPA and federal agency enforcement priorities to address climate change and EJ in particularly disadvantaged communities. Recently to better advance EJ and enforce civil rights laws in overburdened communities, the EPA launched its new national EJ office with more than 200 EPA staff members across all 10 regions. Additionally, the EPA's OGC released its new "Interim Environmental Justice and Civil Rights in Permitting Frequently Asked Questions" (EJ FAQs) and an updated version of the agency's "Legal Tools to Advance Environmental Justice" (Legal Tools). The EJ FAQs covers over 20 pages of guidance materials and demonstrates how the EPA will consider EJ in permitting decisions and the interplay of civil rights compliance. EPA's Legal Tools is an expanded compilation of legal authorities that pinpoints the environmental and civil rights statutes EPA uses to ensure EJ and equity agendas are integrated across the agency's policies, programs, and activities. Also, the EPA recently announced updates to its EJSCREEN mapping tool including "supplemental indexes" that offer a different perspective and greater flexibility in the ways that data can be considered within EJSCREEN.
Listen as our authoritative panel of environmental attorneys highlights recent EJ trends at the federal, state, and regulatory level--particularly how EJ concerns must be addressed in the permitting process. The panel will also offer guidance on project timelines and best practices for evaluating a community's health, social, and economic demographics for securing a meaningful EJ analysis.
Outline
- Overview of NEPA and recent amendments
- NEPA's policies and procedures
- NEPA and case law
- EJ recent developments and trends
- State laws and EJ
- Title VI of the Civil Rights Act
- New EJ national office
- EPA's OGC guidance
- Updated EJSCREEN mapping tool
- Remedies and best practices
Benefits
The panel will examine these and other key issues:
- What is the scope of NEPA and recent amendments?
- How do changing state laws and court decisions provide new avenues for EJ claims?
- What steps can counsel take to assist their clients with EJ best practices in moving projects forward?
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